NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
FOR PERSONS WHO ENTER THE CONTEST, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARDS.
1. Eligibility: Participation in this “1972 Chevrolet Chevelle Car Giveaway” (the “Grand Prize Giveaway”) constitutes full and unconditional agreement to, and acceptance of, these Official Rules. Open and offered to legal residents of the States of Arizona, California, Idaho, Nevada, Oregon, Utah, or Washington who are 21 years of age or older at the time of entry and who possess a valid driver’s license and motor vehicle general liability insurance coverage. Employees, officers, and directors of Port of Subs, Inc., and its franchisees (collectively, the “Sponsor”), Grant Thornton LLP, distributors, web design, advertising, fulfillment, judging, promotion and advertising agencies involved in the administration, development, fulfillment and execution of this Port of Subs, Inc.’s “1972 Chevrolet Chevelle Car Giveaway” (collectively, “Promotion Parties”), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse of each) and those living in their same households (those persons whether related or not who live in the same residence for at least three (3) months during the twelve (12) month period preceding the start date of the Promotion) are not eligible to enter. Void where prohibited. By entering, you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Finalists must be present to participate at the Meet and Greet Gathering and Grand Prize Giveaway Event on August 9, 2012 as described below in these Official Rules.
2. Promotional Period: The Grand Prize Giveaway promotion begins on April 1, 2012 at 12:01:00 a.m. Pacific Standard Time and ends at 11:59:59 p.m. on June 30, 2012 (“Promotional Period”). Entry deadlines may vary depending on entry method (see below for details). Sponsor, may, in its sole discretion, terminate or suspend the Contest at any time during the Contest Period. All decisions made by the monitors and judges appointed by Sponsor are final and binding in all respects.
3. How to Enter: No Purchase Necessary: During the Promotional Period, you may enter the Grand Prize Giveaway by visiting any participating Port of Subs’ restaurants and completing the Official Entry Form. A list of participating Port of Subs restaurants can be located at www.portofsubs.com /locations.html. Limit one (1) entry per person per day. A “day” is defined as the 24 hours between 12:00:00 a.m. and the following 11:59:59 p.m. (PST depending on day/time). Any attempt by any entrant to obtain more than one (1) Entry per person per day by using multiple/different identities, addresses, or any other methods will void that entrant’s entries and that entrant will be disqualified. There is an alternative method of entering into this Contest during the Promotional Period, see the Free Method of Entry below. Sponsor is not responsible for incomplete, lost, late, misdirected entries or for any failure to receive entries due to transmission errors or technical failures of any kind. In the event of a dispute, entries will be deemed to have been submitted by the entrant as identified on the entry form. Any questions regarding the number of entries submitted or the entrant shall be determined by Sponsor in its sole discretion. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or illegible entries, which will be disqualified. All Entries become the exclusive property of Sponsor and the Promotion Parties.
4. Free Method of Entry: During the Promotional Period, hand print your name, legal address, day and evening telephone numbers (including area codes), e-mail address, and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to "1972 Chevrolet Chevelle Car Giveaway – Free Entry" to Innerwest, c/o Port of Subs, Inc., 170 South Virginia, Suite 202, Reno, Nevada 89501. For each mailed-in entry, you will receive one (1) entry into this Contest. Limit: one (1) entry per person per envelope per day. All mail-in entries must be handwritten, become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. All mail-in entries must be postmarked by June 28, 2012.
6. Consumer Disclosure, Drawing, Odds and Awarding of Prizes: Finalists (5 semi-winners): All completed entries will be compiled and eligible five (5) names will be randomly selected (“Finalists”). The Random Drawing for the each of the five (5) Finalists will take place on July 13, 2012. The Finalists will be notified by telephone or e-mail as provided on the registration form within seventy-two (72) hours after the Drawing. In order to be declared one of the Finalists from the eligible entries received by Sponsor, you must respond to Sponsor’s notification within seventy-two (72) hours of notice or attempted notice. All five (5) Finalists must (i) agree to all conditions contain in the 1972 Chevrolet Chevelle Car Giveaway Official Rules contain herein; (ii) reside in any of the following states, including and limited to, Arizona, California, Idaho, Nevada, Oregon, Utah, or Washington; (iii) be 21 years of age or older at the time of entry; (iv) possess a valid driver’s license; (v) have motor vehicle general liability insurance coverage; and (vi) must be able to attend the Grand Prize Giveaway Event. If any of these conditions are not meet, then other name(s) will be randomly drawn and the same process will follow until five (5) people accept and meet these conditions set forth herein. Sponsor’s inability to reach any of the potential Finalists, return of any notification as undeliverable and/or a potential Finalists’ failure to timely respond to notification may result in that Finalist’s disqualification, the forfeiture of his or her interest in any winnings, including, but not limited to, a key to potentially start the 1972 Chevrolet Chevelle Car at the Grand Prize Giveaway Event, and the selection of a substitute Finalist from among all remaining eligible entries. Each of the five (5) Finalists will each receive the following: Two (2) round trip airline tickets from any major airport closest to the Finalist’s home to Reno-Tahoe International Airport on August 7, 2012 (or if the Finalist resides within one hundred (100) miles from the Reno-Tahoe International Airport, Finalist will receive a travel stipend in the sum of Three Hundred Dollars ($300) which will be awarded in the form of a check made payable to Finalist) and four (4) nights of accommodation (nights of August 7 thru 10, 2012) at JA Nugget Reno Hotel Casino located in Sparks, Nevada. (Approximate Retail Value (“ARV”) is $880). On August 9, 2012, each of the five (5) Finalists will randomly draw a key to potentially start the 1972 Chevrolet Chevelle Car. Only one (1) key will start the 1972 Chevrolet Chevelle Car. The other four (4) Finalists will each receive the sum of Five Hundred Dollars ($500), which will be awarded in the form of a check made payable to Finalists. Odds of winning and becoming a Finalist depend on the number of eligible entries received corresponding to a given Entry Period.
7. Attendance and Grand Prize Giveaway Event: To be eligible to win the 1972 Chevrolet Chevelle Car, Finalists MUST appear and register with an authorized Sponsor representative at the Grand Prize Giveaway Event and Finalists MUST be present and gather at 4:00 p.m. at the Business Center located on the 2nd Floor of the JA Nugget Reno Hotel Casino, having an address of 1100 Nugget Avenue in Sparks, Nevada (“Meet and Greet Gathering”). The Finalist MUST thereafter meet at a designated location at Hot August Nights in Sparks, Nevada on August 9, 2012. Each Finalist is responsible for obtaining the time and location of the Grand Prize Giveaway Event, which will be posted on Port of Subs, Inc.’s website at www.portofsubs.com beginning on August 1, 2012 and announced at the Meet and Greet Gathering. All Finalists are responsible for transportation to and from the JA Nugget Reno Hotel Casino and the Grand Prize Giveaway Event. At the Meet and Greet Gathering, each Finalist must present the original valid government issued driver’s license for the Finalist with proof of the Finalist’s age and address, must present proof of vehicle general liability insurance coverage, and must sign any statement that Sponsor may require assuring that the Finalist has complied fully with these Official Rules. Each Finalist MUST personally appear at the Grand Prize Giveaway Event by the announced cut off time to be eligible. A Finalist’s failure to attend the Grand Prize Giveaway Event and/or register with the Sponsor’s authorized representative prior to the announced cut off time, to present required identification and proof of insurance, or to sign the statement of compliance with the Official Rules may result in immediate disqualification. Finalists must appear in person - no proxies are permitted. The names of all eligible Finalists who have complied fully with these Official Rules, as determined by Sponsor in its sole discretion, will be added to the Grand Prize Giveaway drum to be eligible for a chance to claim a key and win the Grand Prize.
Selection of Key for Chance to Start the Grand Prize Car: After mixing up the eligible five (5) names of the Finalists that have been entered in the Giveaway drum, an authorized Sponsor representative will begin to randomly select names from the drum. In the order that their names are called, eligible Finalists will select a key from the drum and have the opportunity to try that key in the ignition of the Grand Prize vehicle. Keys are not transferable. The first Finalist whose key starts the Grand Prize vehicle’s ignition will win the Grand Prize (subject to verification of eligibility and compliance with all terms and conditions in these Official Rules). Once a key has successfully turned the vehicle’s ignition, the Contest will end and no other Finalist will be able to try his or her key in the ignition. In the event that each Finalist selects and tries a key and no selected key starts the Grand Prize vehicle’s ignition (as a result of mechanical problems or other reasons), Sponsor will randomly select one (1) Finalist from among the names of all registered Finalists who are present at the Grand Prize Giveaway Event, and the selected Finalist will be declared the provisional Grand Prize Winner (subject to verification of eligibility and compliance with all terms and conditions in these Official Rules). In the event that the holder of the winning key is disqualified, Sponsor shall determine an alternate winner by conducting a random drawing from among the names of all other registered Key Winners who are present at the Grand Prize Giveaway Event.
8. Prizes and Odds: Grand Prize: Only one (1) Grand Prize will be awarded in the Contest. The Grand Prize consists of one (1) pre-owned 1972 Chevrolet Chevelle (VIN #1D37U2B519842) with the mileage of 74,712 (excluding any mileage necessary to have driven the vehicle to all “register to win” locations throughout the Contest Period and to the Grand Prize Giveaway Event as part of the Contest promotion (ARV: $21,000) and one (1) 2012 Iron Panther Flatbed (VIN # 5XABU182XCF003533) (ARV $2,500). Total ARV for Grand Prize is $23,500. ARV is based at the time of printing of these Official Rules. By entering, entrants understand and acknowledge that the 1972 Chevrolet Chevelle will have additional mileage associated with these promotional trips, and Grand Prize Giveaway Winner agrees to accept the Grand Prize vehicle “as is.” The vehicle prize consists only of the vehicle specifically listed and does not include additional options, license, insurance, title, registration fees, or taxes. Grand Prize Winner must satisfy applicable proof-of-insurance laws to take delivery of prize and must take delivery of prize at the location and time to be determined by Sponsor in its sole discretion. All license, insurance, title and registration fees, and federal, state and local taxes are the sole responsibility of Grand Prize Winner. Any difference between stated value and actual value will not be awarded.
Odds: The odds of being selected as a Grand Prize Winner depend on the total number of eligible participants who enter the Contest, and upon the number of eligible participants who enter through each entry method. No more than one (1) Finalist will become a Grand Prize Winner. Only one (1) key shall be awarded per person.
9. Grand Prize Winner Notification and Acceptance. Finalists or Grand Prize Winner may waive his or her right to receive a prize. Prizes are non-assignable and non-transferable. No substitutions allowed by Finalists or Grand Prize winner. Prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value. Finalists or Grand Prize Winner is solely responsible for reporting and payment of any taxes on prizes, as well as license and registration fees, transportation costs, and other incidental costs incurred by participating in the Contest. Finalists and Grand Prize Winner will be required to provide his or her valid Social Security Number to Sponsor for tax purposes and complete an IRS W-9 form in order to claim the prize. Finalists and Grand Prize Winner will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Finalists and Grand Prize Winner shall be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law) prior to receipt of the Prize.
Failure to comply with any term or condition of these Official Rules may also result in Finalists or Grand Prize Winner’s disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to a substitute winner selected by random drawing from among the names of all registered Finalists who were present at the Grand Prize Giveaway Event. Any prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of the Sponsor.
10. General Conditions: Sponsor will require Finalists to complete, execute and return Affidavits of Eligibility, Liability Releases, and Publicity Releases prior to taking possession of their applicable Prize. If a Finalist fails to sign these documents, or if a Finalist cannot be notified, or if Finalist is found to be ineligible or not in compliance with these Official Rules, then the Finalist will be disqualified. By accepting the Prize, where permitted by law, Finalists grant to Sponsor and those acting pursuant to Sponsor’s authority (and agrees to confirm said grant in writing) the right to use and publish his/her name, biographical information, statements made regarding the Sponsor, or the Promotion (provided same are true), portrait, picture, voice and likeness for trade, advertising and promotional purposes without additional consideration, or notification, review or approval, worldwide, and on the Internet. By participating, entrants release and agree to hold harmless Sponsor and its affiliates, and advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injury, loss or damage of any kind to person, including death, and property arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in any Promotion related activity, or participation in this Promotion.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion; to be acting in violation of the Official Rules; to be acting in violation of the terms of the web site, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, macro, automatic, programmed or the like entry methods will void all such entries by such methods and subject any participant using any such method to disqualification. Any questions regarding the number of entries submitted shall be determined by Sponsor in its sole discretion. Entries must be filled out completely and legibly in order to qualify, and will be void if they are, in whole or in part, incomplete, illegible, damaged, irregular, counterfeit, altered, or obtained through theft or fraud. All entries become the property of Sponsor and none will be returned.
11. Release. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS SPONSOR, ITS FRANCHISEES, INNERWEST MEDIA SERVICES INC., DBA INNERWEST ADVERTISING, AND ANY OTHER ADVERTISING PARTNERS FOR THE CONTEST, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION, PORTRAYAL IN A FALSE LIGHT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.
12. Limitation of Liability: IN NO EVENT WILL SPONSOR, ITS FRANCHISEES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF SPONSOR’S INTERNET SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THESE SITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE CONTEST; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
13. Publicity Consent. By participating in the Contest, each Finalist, as well as the Grand Prize Winner, consents to the publication of his or her name, likeness, image, photograph, voice and/or biographical information by the Sponsor in any media, for any commercial or promotional purpose, without limitation, review or approval, or further compensation. The Grand Prize Winner of the Contest also agrees to make himself or herself available upon reasonable prior notice by Sponsor for interviews, appearances, and for other advertising and promotional purposes. Grand Prize Winner acknowledges and agrees that these activities may be videotaped or otherwise recorded by Sponsor. Grand Prize Winner consents to such recording and use by Sponsor of any recorded footage. Grand Prize Winner further agrees that Sponsor shall exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any recorded footage.
14. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor which shall be final in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion
15. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
16. Sponsor. 1972 Chevrolet Chevelle Car Giveaway is sponsored by Port of Subs, Inc. and its Franchisees. The decisions of Sponsor and Contest judges regarding the selection of winners, the interpretation of these Official Rules and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Contest.
17. Arbitration/Choice of Law: Except where prohibited by law, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this 1972 Chevrolet Chevelle Car Giveaway, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association then effective; and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this 1972 Chevrolet Chevelle Car Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with this 1972 Chevrolet Chevelle Car Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Nevada, without regard for conflicts of law doctrine, and all proceedings shall take place in Reno, Nevada.
18. Winners List: For a list of winners, send a self-addressed stamped envelope for receipt by August 31, 2012 to: Innerwest, Port of Subs, Inc.’s 1972 Chevrolet Chevelle Car Giveaway Winners List, c/o Marketing Department, 170 South Virginia, Suite 202, Reno, Nevada 89501.
Sponsored By: Port of Subs, Inc. and its franchisees, 5365 Mae Anne Avenue, Suite A-29, Reno, Nevada 89523.
THIS CONTEST IS VOID WHERE RESTRICTED OR PROHIBITED. ALL FEDEAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY.
© 2012 Port of Subs, Inc. All rights reserved. Port of Subs and any combinations therefore, are trademarks of Port of Subs, Inc. Other names are for informational purposes only and may be trademarks of Port of Subs, Inc.